Minister for Safety and Security and Others v Jansen and Others (JR 1770/01) [2003] ZALC 54; [2004] 2 BLLR 143 (LC) (12 May 2003)

Minister for Safety and Security and Others v Jansen and Others (JR 1770/01) [2003] ZALC 54; [2004] 2 BLLR 143 (LC) (12 May 2003)

The court found that the arbitrator exceeded her jurisdiction by making findings on substantive fairness and discrimination, which were expressly excluded from her scope by the parties' pre-arbitration agreement. The arbitrator's reasoning blurred the distinction between procedural and substantive fairness, and the relief awarded was disproportionate to the procedural defects identified. The arbitrator was only empowered to determine a dispute concerning an alleged unfair labour practice under Item 2 of Schedule 7 to the Labour Relations Act, which does not encompass disputes based on unfair discrimination. Consequently, the award was set aside and the dispute referred back for...

Citation
[2003] ZALC 54
Parties
Applicant: Minister for Safety and Security; Applicant: South African Police Service; Applicant: National Commissioner of the South African Police Service; Respondent: S. Jansen N.O.; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: Christo Brits
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 May 2003
Case Number
JR 1770/01
Procedural Posture
Review Application / Judgment
Outcome
The award issued by the arbitrator is set aside and the dispute is referred back to the Bargaining Council for fresh arbitration before a different arbitrator. The third respondent is ordered to pay the applicants' costs.
Judges
E. Revelas
Legal Topics
Unfair Labour Practice, Promotion, Affirmative Action, Jurisdiction of Arbitrator, Procedural Fairness
Labour Law Unfair Labour Practice Promotion Affirmative Action Jurisdiction of Arbitrator Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Minister for Safety and Security

Applicant

South African Police Service

Applicant

National Commissioner of the South African Police Service

Applicant

S. Jansen N.O.

Respondent

Safety and Security Sectoral Bargaining Council

Respondent

Christo Brits

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator exceeded her jurisdiction by making findings on substantive fairness and discrimination.
  2. 2 Whether procedural irregularities in the selection process constituted an unfair labour practice.
  3. 3 Whether the relief awarded by the arbitrator was appropriate given the nature of the procedural defects.

Ratio Decidendi

The court found that the arbitrator exceeded her jurisdiction by making findings on substantive fairness and discrimination, which were expressly excluded from her scope by the parties' pre-arbitration agreement. The arbitrator's reasoning blurred the distinction between procedural and substantive fairness, and the relief awarded was disproportionate to the procedural defects identified. The arbitrator was only empowered to determine a dispute concerning an alleged unfair labour practice under Item 2 of Schedule 7 to the Labour Relations Act, which does not encompass disputes based on unfair discrimination. Consequently, the award was set aside and the dispute referred back for...

Court Disposition

The award issued by the arbitrator is set aside and the dispute is referred back to the Bargaining Council for fresh arbitration before a different arbitrator. The third respondent is ordered to pay the applicants' costs.

Orders

  • The arbitration award dated 7 October 2001 under case number PSSS 589 is set aside.
  • The dispute is referred back to the Safety and Security Sectoral Bargaining Council for arbitration before a different arbitrator.